Barry Bonds

Barry Bonds’ lawyers argue his obstruction of justice conviction today

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Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:

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As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

Video: Benches empty after Yankees, Blue Jays trade beanballs at the Rogers Centre

ST. PETERSBURG, FL - SEPTEMBER 22:  Luis Severino #40 of the New York Yankees throws during the seventh inning of a game against the Tampa Bay Rays at Tropicana Field on September 22, 2016 in St. Petersburg, Florida. (Photo by Mike Carlson/Getty Images)
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Emotions are apparently high all around baseball, not just in Miami. In Toronto, the emotion was anger between the Yankees and Blue Jays.

Josh Donaldson was hit by a Luis Severino 1-1, 97 MPH fastball with one out in the bottom of the first inning. In the top of the second, J.A. Happ threw to fastballs back-to-back that were up and in to Chase Headley. The second one hit him. The Yankees, understandably, were not too happy about it, but order was quickly restored and play resumed with home plate umpire Todd Tichenor issuing warnings to both teams. The Yankees would finish the inning without scoring a run.

In the bottom of the second, Severino began the inning with two up and in fastballs at Justin Smoak. Both Severino and manager Joe Girardi were ejected and the benches emptied again, this time with more anger. There was some yelling as well as some pushing and shoving.

It doesn’t appear that Severino appeared to intentionally hit Donaldson, but he very clearly intended to retaliate against Smoak. Happ has issued retaliatory beanballs before in defense of Donaldson. He did so on April 23 against the Athletics. Donaldson hit a home run in the second inning and was hit by a Liam Hendriks pitch in the sixth. Khris Davis led off the next inning for the A’s and Happ hit him with a pitch. Plus, Happ’s two pitches to Headley were both up and in.

Severino and Happ are likely looking at fines. There’s a possibility of suspensions as well. Happ, however, was not ejected from the game.

Marlins, Mets pay tribute Jose Fernandez prior to Monday’s game

MIAMI, FL - SEPTEMBER 26: A memorial outside of Marlins Park in honor of late Miami Marlins pitcher Jose Fernandez before the game against the New York Mets on September 26, 2016 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
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As expected, the Marlins and Mets paid their respect to pitcher Jose Fernandez prior to the start of Monday night’s game at Marlins Park. It was emotionally charged and very tough to watch without becoming a sobbing mess.

The stadium was as quiet as a library even before the P.A. requested a moment of silence. The Marlins’ players rubbed the chalk line, just as Fernandez used to do. The starters — sans starting pitcher Adam Conley — rallied around the pitchers’ mound. The Mets’ players poured out onto the field and removed their caps as the National Anthem was played.

Once the anthem was completed, the stadium remained quiet. The Mets and Marlins formed lines and went through hugging each player. The fans began chanting, “Jose, Jose, Jose!”

The rest of the Marlins joined the starters and they wrapped around the edge of the dirt on the pitcher’s mound. Some of them drew in the dirt with their fingers. Others rubbed dirt on their pants. Then, they huddled and Giancarlo Stanton gave a motivational speech of sorts. The players came in close and they all put their index fingers in the middle, pointed up at the sky, and broke the huddle to begin the game.

There is crying in baseball.